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Home My WebLink About2004-03-25 WC Recorded Document #3431414 - Supplemental Agreeme 3431414 Office of the County Recorder Washington County, MN canmea m.a and/or recorded on: 2004103/25 8:44:00 AM 3431414 Cindy Kamm County Recorder SUPPLEMENTAL AGREEMENT TO THE DEVELOPER'S AGREEMENT OF MARCH 21, 2002 BETWEEN THE CITY OF OAK PARK HEIGHTS, A MUNICIPAL CORPORATION UNDER THE LAWS OF THE STATE OF MINNESOTA (HEREINAFTER, THE "CITY ") AND ROBERT L. BRACKEY AND JANET M. BRACKEY, HUSBAND AND WIFE (HEREINAFTER `BRACKLEYS ") ;a Retnm: Ed<berg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. SUPPLEMENTAL AGREEMENT TO THE DEVELOPER'S AGREEMENT OF MARCH 21, 2002 BETWEEN THE CITY OF OAK PARK HEIGHTS, A MUNICIPAL CORPORATION UNDER THE LAWS OF THE STATE OF MINNESOTA (HEREINAFTER THE "CITY") AND ROBERT L. BRACKEY AND JANET M. BRACIEY, HUSBAND AND WIFE (HEREINAFTER "BRACKEYS" ) WHEREAS, Brackeys and the City entered into a Developer's Agreement on March 21, 2002 affecting Outlot A of Brackey Addition existing as of that time; and, WHEREAS, Outlot A of Brackey Addition was subsequently replatted into Lots 1 and 2 and Outlot A of Brackey Second Addition; and, WHEREAS, as part of the approvals that were obtained relative to the AmericInn project, the City Council of the City of oak Park Heights on October 26, 1999 granted approval to the subdivision on the condition that the Brackeys and AmericInn as the other developer enter into a development contract, stipulating conditions for the installation of private improvements as well as for development of onsite improvements and other terms and conditions, all in accordance with the aforementioned development agreement which was subsequently recorded in the office of the Washington County Recorder as Document No. 3099073; and, WHEREAS, the provisions of the aforementioned development agreement contained in part a specific requirement specifying as follows: " utlot Development. Except as permitted herein affecting Lot 1, Brackey Second Addition (formerly part of Outlot A, Brackey Addition), no outlot or portion thereof is eligible for a building permit pursuant to Section 402.01, Subd, P until the same is replatted pursuant to the ordinances of the City of Oak Park Heights. No further development on the remaining portions of Outlot A and/or Lot 2, Brackey Second Addition (formerly part of Outlot A of Brackey Addition) will be allowed until such time as the Brackeys and the City have agreed in writing on traffic and circulation patterns to be implemented for the benefit of that lot and adjacent lots." arid, WHEREAS, the City Council of the City of Oak Park Heights did on January 13, 2003 confer with the Brackeys and their counsel and have agreed to a plan to implement traffic circulation within the affected properties referenced above; and, WHEREAS, the Brackeys do agree to implement the City's selected plan as otherwise designated in the later portions of this agreement. NOW THEREFORE, be it agreed by and between the City of Oak Park Heights and Robert and Janet Brackey that the terms and provisions of the development agreement dated March 21, 2000 relative to issuance of building permits and/or allowance of development on remaining portions of Outlot A and/or Lot 2 of Brackey Second Addition (formerly part of Outlot A of Brackey Addition) shall be allowed under the terms and provisions of this agreement as specified herein A. Traffic Circulation p Traffic circulation shall be regulated as to all the affected property in the manner provided for within Option 3 of the traffic study completed by Westwood Professional Services, Inc. dated 12/19/03 in that the property designated for the proposed Menard's expansion shall be accessible only and exclusively by way of Krueger Lane via the Menard's site. The remaining (non- Menard's) property along 58 Street located between the Rainbow Foods and the proposed Menard's expansion (hereinafter "The Site" see attached Exhibit "A" for the legal description), shall have one access onto 58 th Street with the potential for having a private access allowing traffic to exit and enter the site from the west between the Rainbow Foods and Stillwater Ford properties. The west access between Rainbow Foods and Stillwater Ford shall be a private access and will be pursued by City Staff to obtain the consent of the current or future owner of the Rainbow Foods site. In the event that a current or future 2 owner agrees to allow such private easement access to exist, the Brackeys and/or their successors, heirs and assigns shall cooperate to execute all reasonable documents necessary to effectuate a mutual cross easement access allowing access to The Site from Neal Avenue along the northern border of the Rainbow Foods site. If the access easement is successfully obtained by the City, Brackeys shall incorporate such access into any existing and future development plans for The Site. Brackeys shall be responsible for all costs associated with constructing such access on "The Site ". There shall be no access to the AmericInn Motel or Lot 1, or 2, Brackey Second Addition from 5 8 1h Street. All access shall be from 60 Street and there shall be no private drives or other access allowed to be constructed or located between these parcels and The Site. B. Use Limitations. Traffic patterns approved by the City of oak Park Heights presume and the Brackeys and their successors, heirs and assigns agree that uses to be allowed upon "The Site" shall not include retail /restaurant or high volume traffic utilizations, but shall be limited to general pro fessionallbu sines s or, professional buildings or other uses which are consistent with the existing zoning district now established for the area and which generate trip utilization rates contained within the ITE Trip Generation Reports, 7 #t ' Edition, 2003, which would produce less than 11.1 daily rate trip generations per 1.,000 square foot of gross leasable area (business occupiable area). Brackeys, on behalf of themselves, their successors, heirs and assigns, agree not to request nor propose a use or utilization on that site which would exceed the trip generation standards provided for herein. C. By entering into this agreement, the City of Oak Park heights does not waive, relinquish, or otherwise abandon its authority and control over traffic regulation on 5 8th 3 Street, road construction improvements, traffic mana practices, turn restrictions or an other re authorit it has relative to traffic mana alon 58th or 60th Streets. B execution of this a the Bracke their successors, heirs and assi do not ac an specific ri of access to 58th or 60th Street, other than that which is provided for herein, nor do the ac an ri or privile that are in an manner distin from other propert owners in the area. 0. Consent. B its execution hereof Champion Lod LLC a that its propert at 13025 60th St., Oak Park Hei MN shall not have or ac a private drive or access to the south or west of its propert and that all of its business and customer traffic shall access its propert from 60th St. IN WITNESS WHEREOF, the parties have hereunto set forth their hands and tt seals this da of 2004. CWY, F PA HEIGHTS vi eaude T a ric Johnson, C1 rator STATE OF MINNESOTA ss. COUNTY OF WASHINGTON On this q 4h da of A&rU'l 2004, before me David Beaudet and Eric Johnson, to me personall known, bein each b me dul sworn did sa that the are respectivel the Ma and the Cit Administrator of the Cit of Oak Park Hei the municipal corporation named in the 4 foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledging execution of same, to be the free act and deed of said municipal corporation. JULIFE R. JOHNSON NOTARY PUBLIC -- MINNESOTA WASHINGTON COUNTY My COMM. Expires ,fan. 31, 2305 Not U lc VVVVVVVVVVVVVVVVVVWWE (Notary Seal) 5 Robert L. Brackey a. 4. Janet' M. Brackey STATE OF MINNESOTA )ss. COUNTY OF WASHINGTON) On this / -kda of .? 2004 before me a Notary Public within and for said County, personally appeared Robert L. Bracey and Janet M. Brackey, to rare known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary, lic (Notary Seal) .. z .. .. e i10 1 iL E T ! e{ 7 CMP10 , • 1Ca B � I And By Its STATE OF MINNESOTA ) SS. COUNTY OF WASHINGTON ) �` day of 200 before me a • On this y p eared and known to me to be the j and of Champion L.L. C.; respectively, and the same signed the foregoing development agreement on behalf of Champion L.L.C. representing that they had full authority and 6 power on behalf of said entity to do so and affixed their signatures hereon as their free act and deed on behalf of said entity. Notary Public �W o ROD NOTARY PUBL, MINNESOTA •.. 1- This Instrument Drafted Bv: Mark J. Vierling ECKBERG, LAl''vIMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 55482 7 EXHIBIT " A " THE SITE LEGAL DESCRIPTION THAT PORTION OF OUTLOT A BRAG EY 3RD ADDITION LYING SOUTH OF THE NORTHERN STATES POWER LINE EASEMENT 8